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COMMONWEALTH v. DURAN

363 Mass. 229 (1973)

293 N.E.2d 285

COMMONWEALTH vs. PATRICK B. DURAN.

Supreme Judicial Court of Massachusetts, Suffolk.

March 8, 1973.

Attorney(s) appearing for the Case

Francis C. Lynch, Jr., for the defendant.

Robert Snider, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

REARDON, J.

The defendant was convicted in cases taken under G.L.c. 278, §§ 33A-33H, of unlawful possession of cannabis (marihuana), and also of possession of marihuana with intent to sell. Prior to trial he moved to suppress certain evidence. This motion was denied by the trial judge who made findings of fact after a pretrial hearing. Thereafter the defendant waived a trial by jury and was found guilty on both...

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